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Federal Register / Vol. 73, No.

72 / Monday, April 14, 2008 / Notices 20029

ADDRESSES: The meeting will be held in DEPARTMENT OF COMMERCE alternative or supplemental type of
the NOAA Science Center Room, 1301 analyses.
East-West Highway, Silver Spring, MD National Oceanic and Atmospheric 2. Examine the utility of ecosystem
20910. Administration models as a tool to evaluate potential
RIN: 0648–XH18
MPA alternatives.
FOR FURTHER INFORMATION CONTACT:
3. Begin the development of a
Cheri McCarty, 301–713–9090, framework for incorporating ecosystem
Extension 183. Gulf of Mexico Fishery Management
Council; Public Meeting evaluations into the management
SUPPLEMENTARY INFORMATION: The decision-making process.
Secretary of Commerce is charged with AGENCY: National Marine Fisheries Copies of the agendas and other
the responsibility of discharging the Service (NMFS), National Oceanic and related materials can be obtained by
domestic obligations of the United Atmospheric Administration (NOAA), calling (813) 348–1630.
States under the International Commerce. Although other non-emergency issues
Convention for the Regulation of ACTION: Notice of a public meeting. not on the agendas may come before the
Whaling, 1946. The U.S. Commissioner SSC and ADMRSSC for discussion, in
has responsibility for the preparation SUMMARY: The Gulf of Mexico Fishery accordance with the Magnuson-Stevens
and negotiation of U.S. positions on Management Council will convene a Fishery Conservation and Management
international issues concerning whaling meeting of its Ecosystem Scientific and Act (Magnuson-Stevens Act), those
and for all matters involving the IWC. Statistical Committee (SSC) and Ad Hoc issues may not be the subject of formal
He is staffed by the Department of Marine Reserve Scientific and Statistical action during these meetings. Actions of
Commerce and assisted by the Committee (ADMRSSC) in Tampa, FL the SSC will be restricted to those issues
Department of State, the Department of on May 6 & 7, 2008. specifically identified in the agendas
the Interior, the Marine Mammal DATES: The Ecosystem SSC and Ad Hoc and any issues arising after publication
Commission, and by other agencies. Marine Reserve SSC meeting will begin of this notice that require emergency
Once the draft agenda for the annual at 9 a.m. on Tuesday, May 6, 2008 and action under Section 305(c) of the
IWC meeting is completed, it will be conclude by 5 p.m. on Wednesday, May Magnuson-Stevens Act, provided the
posted on the IWC Secretariat’s website 7, 2008. public has been notified of the Council’s
at http://www.iwcoffice.org. ADDRESSES: The meeting will be held at intent to take action to address the
Each year NOAA holds a meeting the Quorum Hotel, 700 N. Westshore emergency.
prior to the annual IWC meeting to Blvd., Tampa, FL 33609. Special Accommodations
discuss the tentative U.S. positions for Council address: Gulf of Mexico
the upcoming IWC meeting. Because the Fishery Management Council, 2203 These meetings are physically
meeting discusses U.S. positions, the North Lois Avenue, Suite 1100, Tampa, accessible to people with disabilities.
substance of the meeting must be kept FL 33607. Requests for sign language
confidential. Any U.S. citizen with an interpretation or other auxiliary aids
FOR FURTHER INFORMATION CONTACT:
identifiable interest in U.S. whale should be directed to Tina Trezza at the
Steven Atran, Population Dynamics Council (see ADDRESSES) at least 5
conservation policy may participate, but Statistician, Gulf of Mexico Fishery
NOAA reserves the authority to inquire working days prior to the meeting.
Management Council; telephone: (813)
about the interests of any person who 348–1630. Dated: April 8, 2008.
appears at a meeting and to determine Tracey L. Thompson,
SUPPLEMENTARY INFORMATION: The
the appropriateness of that person’s Acting Director, Office of Sustainable
participation. Ecosystem SSC and Ad Hoc Marine
Reserves SSC will hold an ecosystem Fisheries, National Marine Fisheries Service.
Persons who represent foreign [FR Doc. E8–7789 Filed 4–11–08; 8:45 am]
interests may not attend. These stringent modeling workshop to continue work
measures are necessary to protect the on development and evaluation of BILLING CODE 3510–22–S

confidentiality of U.S. negotiating ecosystem models as fishery


positions and are a necessary basis for management tools in the Gulf of Mexico.
This will be the third such workshop DEPARTMENT OF COMMERCE
the relatively open process of preparing
for IWC meetings. held by the Ecosystem SSC. One focus National Oceanic and Atmospheric
The meeting will be held at 1 p.m. at of this upcoming workshop will be to Administration
the NOAA Science Center Room, 1301 examine the utility of ecosystem
modeling to evaluate marine protected RIN 0648–XH08
East-West Highway, Silver Spring, MD
20910. Photo identification is required area (MPA) alternatives. The charge of
the Ad Hoc Marine Reserves SSC Taking of Marine Mammals Incidental
to enter the building. to Specified Activities; Taking Marine
includes making recommendations
Special Accommodations based on scientifically developed Mammals Incidental to Naval Surface
criteria for establishing reserves and Warfare Center Panama City Division
This meeting is physically accessible Mission Activities
to people with disabilities. Requests for testing their effectiveness as to whether
sign language interpretation or other they were working. Therefore, the Ad AGENCY: National Marine Fisheries
auxiliary aids should be directed to Hoc Marine Reserves SSC’s purpose in Service (NMFS), National Oceanic and
Cheri McCarty, 301–713–9090 by April this workshop is to provide their input Atmospheric Administration (NOAA),
25, 2008. as to the efficacy of this approach to Commerce.
evaluate reserves. ACTION: Notice; receipt of applications
Dated: April 8, 2008. The objectives of this workshop are for letters of authorization; request for
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Rebecca J. Lent, to: comments and information.


Director, Office of International Affairs, 1. Continue the process of developing
National Marine Fisheries Service. and evaluating the Gulf of Mexico SUMMARY: NMFS has received requests
[FR Doc. E8–7901 Filed 4–11–08; 8:45 am] Ecosim with Ecopath model as well as from the U.S. Navy (Navy) for
BILLING CODE 3510–22–S other models that may provide authorizations for the take of marine

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20030 Federal Register / Vol. 73, No. 72 / Monday, April 14, 2008 / Notices

mammals incidental to Naval Surface negligible impact on the species or Specified Activities
Warfare Center Panama City Division stock(s), will not have an unmitigable In the application submitted to
(NSWC PCD) mission activities for the adverse impact on the availability of the NMFS, the Navy requests an
period beginning July 10, 2009 and species or stock(s) for subsistence uses, authorization for take of marine
ending July 9, 2014. Pursuant to the and if the permissible methods of taking mammals incidental to conducting
implementing regulations of the Marine and requirements pertaining to the mission activities within the NSWC
Mammal Protection Act (MMPA), NMFS mitigation, monitoring and reporting of PCD study area, which includes St.
is announcing our receipt of the Navy’s such taking are set forth. Andrew Bay (SAB) and military
requests for the development and NMFS has defined ‘‘negligible warning areas (areas within the Gulf of
implementation of regulations impact’’ in 50 CFR 216.103 as: Mexico (GOM) subject to military
governing the incidental taking of an impact resulting from the specified operations) W–151 (includes Panama
marine mammals and inviting activity that cannot be reasonably expected City Operating Area), W–155 (includes
information, suggestions, and comments to, and is not reasonably likely to, adversely Pensacola Operating Area), and W–470.
on the Navy’s applications and requests. affect the species or stock through effects on NSWC PCD provides RDT&E and in-
DATES: Comments and information must annual rates of recruitment or survival.
service support for expeditionary
be received no later than May 14, 2008. With respect to military readiness maneuver warfare, operations in
ADDRESSES: Comments on the activities, the MMPA defines extreme environments, mine warfare,
applications should be addressed to P. ‘‘harassment’’ as: maritime (ocean-related) operations, and
Michael Payne, Chief, Permits, (i) any act that injures or has the significant coastal operations. A variety of naval
Conservation and Education Division, potential to injure a marine mammal or assets, including ships, aircraft, and
Office of Protected Resources, National marine mammal stock in the wild [Level A
Harassment]; or (ii) any act that disturbs or
underwater systems support the mission
Marine Fisheries Service, 1315 East- activities for eight primary test
West Highway, Silver Spring, MD is likely to disturb a marine mammal or
marine mammal stock in the wild by causing operations that occur within or over the
20910–3225. The mailbox address for disruption of natural behavioral patterns, water environment up to the high water
providing email comments is PR1.0648– including, but not limited to, migration, mark. These operations include air,
XH08@noaa.gov. NMFS is not surfacing, nursing, breeding, feeding, or surface, and subsurface operations,
responsible for e-mail comments sent to sheltering, to a point where such behavioral sonar, electromagnetic energy, laser,
addresses other than the one provided patterns are abandoned or significantly ordnance, and projectile firing. Among
here. Comments sent via e-mail, altered [Level B Harassment]. the aforementioned operations, those
including all attachments, must not Summary of Request activities that have been identified in
exceed a 10–megabyte file size. Copies the past to have the potential to affect
of the Navy’s application may be On April 3, 2008, NMFS received an marine mammals include surface, sonar,
obtained by writing to the address application from the Navy requesting an ordnance, and projectile firing
specified above (See ADDRESSES), authorization for the take of 15 species/ operations. The following paragraphs
telephoning the contact listed below stocks of cetacean incidental to the provide some descriptions of these
(see FOR FURTHER INFORMATION CONTACT), proposed mission activities in the activities. For detailed description of
or visiting the internet at: http:// NSWC PCD study area over the course these proposed activities, please refer to
www.nmfs.noaa.gov/pr/permits/ of 5 years. These mission activities are the LOA application and the NSWC
incidental.htm. A draft Environmental classified as military readiness PCD EIS/OEIS.
Impact Statement/Overseas activities. The purpose of the proposed
Environmental Impact Statement - mission activities is to enhance NSWC Surface Operations
NSWC PCD Mission Activities (EIS/ PCD’s capability and capacity to meet A significant portion of NSWC PCD
OEIS) prepared by the Navy can be littoral and expeditionary warfare RDT&E relies on surface operations to
viewed at: http:// requirements by providing Research, successfully complete missions. Four
nswcpc.navsea.navy.mil/Environment- Development, Test, and Evaluation subcategories make up the surface
Documents.htm. (RDT&E) and in service engineering for operations category. They include
FOR FURTHER INFORMATION CONTACT: expeditionary maneuver warfare, support activities, tows, deployment
Shane Guan, Office of Protected operations in extreme environments, and recovery of equipment and systems
Resources, NMFS, (301) 713–2289, ext. mine warfare, maritime operations, and development.
137. coastal operations. The Navy states that The first subcategory is support
SUPPLEMENTARY INFORMATION: these training activities may cause activities, which are required by nearly
various impacts to marine mammal all of the testing missions within the
Background species in the NSWC PCD study area. NSWC PCD study area. The size of these
Sections 101(a)(5)(A) and (D) of the The Navy requests an authorization to vessels varies in accordance with the
MMPA (16 U.S.C. 1361 et seq.) direct take individuals of these cetacean test requirements and vessel
the Secretary of Commerce (Secretary) species by Level B Harassment. Further, availability. Often multiple surface
to allow, upon request, the incidental, the Navy requests an authorization to crafts are required to support a single
but not intentional taking of marine take 1 individual each of bottlenose, test event. Acting as a support platform
mammals by U.S. citizens who engage Atlantic spotted, and pantropical for testing, these vessels are utilized to
in a specified activity (other than spotted dolphins per year by injury, as carry test equipment and personnel to
commercial fishing) if certain findings a result of the proposed mission and from the test sites and are also used
are made and regulations are issued or, activities. Please refer to Tables 6–3, 6– to secure and monitor the designated
if the taking is limited to harassment, 4, 6–6, 6–7, 6–8, and 6–9 of the LOA test area. Normally, these vessels remain
jlentini on PROD1PC65 with NOTICES

notice of a proposed authorization is application for detailed information of on site and return to port following the
provided to the public for review. the potential exposures from sonar completion of the test; occasionally,
Authorization for incidental takings exercises, detonations, and line charges however, they remain on-station
may be granted if NMFS finds that the (per year) for marine mammals in the throughout the duration of the test cycle
taking will have no more than a NSWC PCD study area. for guarding sensitive equipment in the

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Federal Register / Vol. 73, No. 72 / Monday, April 14, 2008 / Notices 20031

water. Testing associated with these operation for mid-frequency and high- Table 1–1 of the LOA application
operational capabilities may include a frequency sonar testing activities for provides an overview of ordnance
single test event or a series of test events territorial and non-territorial waters, testing at NSWC PCD.
spread out over consecutive days or as respectively.
one long test operation that requires Projectile Firing Operations
multiple days to complete. Ordnance Operations
Current projectile firing includes 50
The remaining subcategories of rounds of 30–mm ammunition each year
Ordnance operations include live
additional support include tows, within the NSWC PCD study area. The
testing of ordnance of various net
deployment and recovery of equipment, capability of utilizing gunfire during test
explosive weights and line charges.
and systems development. Tows are
operations was identified as a future
also conducted from ships at the NSWC (1) Ordnance requirement. Rounds (individual shots)
PCD to test system functionality. Tow
Live testing would only be conducted identified include 5 inch, 20 mm, 25
tests of this nature involve either
after a system has successfully mm, 30 mm, 40 mm, 76 mm, and
transporting the system to the
completed inert testing and an adequate various small arms ammunition (i.e.,
designated test area where it is deployed
amount of data has been collected to standard target ammo). Projectiles
and towed over a pre-positioned inert
support the decision for live testing. associated with these rounds are mainly
minefield or towing the system from
Testing with live targets or ordnance armor-piercing projectiles. The 5–in
NSWC PCD to the designated test area.
would be closely monitored and uses round is a high explosive projectile
Surface vessels are also utilized as a tow
platform for systems that are designed to the minimum number of live munitions containing approximately 3.63 kg (8 lbs)
be deployed by helicopters. Surface necessary to meet the testing of explosive material. All projectile
vessels that are used in this manner requirement. Depending on the test firing would occur over non-territorial
normally return to port the same day. waters.
scenario, live testing may occur from the
However, this is test dependent, and surf zone out to the outer perimeter of Proposed Monitoring and Mitigation
under certain circumstance (e.g., the NSWC PCD study area. The Navy Measures
endurance testing), the vessel may be requires the capability to conduct
required to remain on site for an ordnance operations in shallow water to The NSWC PCD proposed a list of
extended period of time. Finally, clear surf zone areas for sea-based monitoring and mitigation measures to
RDT&E activities also encompass testing expeditionary operations. The size and reduce any potential to marine
of new, alternative, or upgraded weight of the explosives used varies mammals.
hydrodynamics, and propulsion, from 0.91 to 272 kg (2 to 600 lb) The Navy would provide training to
navigational, and communication trinitrotoluene (TNT) net explosive marine observers and would establish
software and hardware systems. weight (NEW) depending on the test quickly and effectively communication
Sonar Operations requirements. Detonation of ordnance within the command structure to
with a NEW less than 34.5 kg (76 lb) facilitate implementation of protective
NSWC PCD sonar operations involve
would be conducted in territorial waters measures if marine mammals are
the testing of various sonar systems in
and detonations of ordnance with a spotted during the operations. Marine
the ocean and laboratory environment
NEW greater than 34.5 kg (76 lb) would observers would have at least one set of
as a means of demonstrating the
be conducted in non-territorial waters. binoculars available for each person to
systems’ software capability to detect,
aid in the detection of marine mammals.
locate, and characterize mine-like (2) Line Charges Marine observers would scan the water
objects under various environmental
Line charges consist of a 107 m (350 from the ship to the horizon and be
conditions. The data collected are used
ft) detonation cord with explosives responsible for all observations in their
to validate the sonar systems’
lined from one end to the other end in sector. Observers would be responsible
effectiveness and capability to meet the
2 kg (5 lb) increments and total 794 kg for informing the Test Director of any
mission.
The various sonar systems proposed (1,750 lb) of NEW. The charge is marine mammal that is sighted. Test
to be tested within the NSWC PCD considered one explosive source that Directors would, as appropriate to the
Study Area range in frequencies from 1 has multiple increments that detonate at event, make use of marine species
kilohertz (kHz) to 5 megahertz (MHz) one time. The Navy proposes to conduct detection cues and information to limit
(5,000 kHz). The source levels up to three line charge events in the surf interaction with marine species to the
associated with some of the NSWC PCD zone. Line charge testing would only be maximum extent possible, consistent
sonar systems range from between 200 conducted in the surf zone along the with the safety of the ship. A summary
dB re 1 microPa-m to 250 dB re 1 portion of Santa Rosa Island that is part of specific monitoring and mitigation
microPa-m. The sonar systems tested are of Eglin Air Force Base (AFB). The Navy measures is provided below:
typically part of a towed array or hull must develop a capability to safely clear Mitigation Measures for Surface
mounted to a vessel. Additionally, surf zone areas for sea-based Operations
subsystems associated with an expeditionary operations. To that end,
underwater unmanned vehicle (UUV) or NSWC PCD occasionally performs For surface activities, visual surveys
surf zone crawler operation are testing on various surf zone clearing would be conducted for all test
included. Operating parameters of the systems that use line charges to operations to reduce the potential for
sonar systems used at NSWC PCD can neutralize mine threats. These tests vessel collisions with a protected
be found in Appendix A of the LOA would be typically conducted from a species. If necessary, the ship’s course
application. surface vessel (e.g., Landing Craft Air and speed would be adjusted. Other
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Table 1–1 of the LOA application Cushion) and would be deployed using mitigation measures include
provides an overall summary of the total either a single or dual rocket launch maintaining alert vessel lookouts when
tempos associated with sonar operations scenario. This would be a systems traveling at high speeds to reduce the
for the proposed mission activities. The development test and only assesses the potential for collision to occur with a
table includes number of hours of in-water components of testing. marine mammal.

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20032 Federal Register / Vol. 73, No. 72 / Monday, April 14, 2008 / Notices

Mitigation Measures for Sonar detected for 30 minutes, or the vessel DEPARTMENT OF COMMERCE
Operations has transited more than 914 m (1,000
yd) beyond the location of the last National Oceanic and Atmospheric
For sonar operations, in general, the
detection. Administration
Navy will operate sonar at the lowest
practicable level, not to exceed source If the need for power-down should
level of 235 dB re 1 microPa, except as RIN 0648–XG77
arise, Navy staff will follow the
required to meet RDT&E objectives. requirements as though they were Taking of Marine Mammals Incidental
Prior to start up or restart of active operating at 235 dB, the normal to Specified Activities; Taking Marine
sonar, operators will check that the operating level (i.e., the first power- Mammals Incidental to Navy Training
safety zone radii around the sound down will be to 229 dB, regardless of Operations Conducted within the
system are clear of marine mammals. the level above 235 dB the sonar was Virginia Capes and Jacksonville Range
Helicopters will observe/survey the being operated). Complexes
vicinity of an NSWC PCD RDT&E
activity for 10 minutes before the first Mitigation Measures for Detonations AGENCY: National Marine Fisheries
deployment of active (dipping) sonar in and Projectiles Service (NMFS), National Oceanic and
the water. Atmospheric Administration (NOAA),
During operations involving mid- No detonations over 34 kg (75 lb) of Commerce.
frequency active (MFA) sonar, NEW would be conducted in territorial
ACTION: Notice; receipt of applications
personnel would use all available sensor waters. However, this does not apply to
for letters of authorization; request for
and optical systems (such as night the line charge detonation, which is a
comments and information.
vision goggles to aid in the detection of 107 m (350 ft) detonation cord with
marine mammals). Navy aircraft explosives lined from one end to the SUMMARY: NMFS has received requests
participating would conduct and other end in 2 kg (5 lb) increments and from the U.S. Navy (Navy) for
maintain, when operationally feasible, total 794 kg (1,750 lb) of NEW. This authorizations for the take of marine
required, and safe, surveillance for charge is considered one explosive mammals incidental to training
marine mammal species as long as it source that has multiple increments that operations conducted within the
does not violate safety constraints or detonate at one time. Virginia Capes (VACAPES) Range
interfere with the accomplishment of Complex and the Jacksonville (JAX)
The number of live mine detonations
primary operational duties. Range Complex for the period beginning
would be minimized and the smallest
Marine mammal detections by aircraft April 28, 2009 and ending April 27,
will be immediately reported to the Test amount of explosive material possible to
2014. Pursuant to the implementing
Director. This action will occur when it achieve test objectives will be used.
regulations of the Marine Mammal
is reasonable to conclude that the course Visual surveys and aerial surveys will Protection Act (MMPA), NMFS is
of the ship will likely approach marine be conducted for all test operations that announcing our receipt of the Navy’s
mammals within the safety radii. involve detonation events with large requests for the development and
When marine mammals are detected NEW. Any protected species sighted implementation of regulations
by any means (aircraft, shipboard would be avoided. governing the incidental taking of
lookout, or acoustically) within 914 m marine mammals and inviting
Line charge tests would not be
(1,000 yd) of the sonar system, the information, suggestions, and comments
conducted during the nighttime.
platform will limit active transmission on the Navy’s applications and requests.
levels to at least 6 decibels (dB) below Information Solicited DATES: Comments and information must
normal operating levels. Vessels will be received no later than May 14, 2008.
continue to limit maximum Interested persons may submit
information, suggestions, and comments ADDRESSES: Comments on the
transmission levels by this 6–dB factor
until the animal has been seen to leave concerning the Navy’s request (see applications should be addressed to P.
the area, has not been detected for 30 ADDRESSES). All information, Michael Payne, Chief, Permits,
minutes, or the vessel has transited suggestions, and comments related to Conservation and Education Division,
more than 914 m (1,000 yd) beyond the the Naval Surface Warfare Center Office of Protected Resources, National
location of the last detection. Marine Fisheries Service, 1315 East-
Panama City Division’s request and
Should a marine mammal be detected West Highway, Silver Spring, MD
NMFS’ potential development and
within or closing to inside 457 m (500 20910–3225. The mailbox address for
implementation of regulations providing email comments is PR1.0648–
yd) of the sonar dome, active sonar governing the incidental taking of
transmissions will be limited to at least XG77@noaa.gov. NMFS is not
marine mammals by the Navy’s mission responsible for e-mail comments sent to
10 dB below the equipment’s normal activities will be considered by NMFS
operating level. Platforms will continue addresses other than the one provided
in developing, if appropriate, the most here. Comments sent via e-mail,
to limit maximum ping levels by this effective regulations governing the
10–dB factor until the animal has been including all attachments, must not
issuance of letters of authorization. exceed a 10–megabyte file size. Copies
seen to leave the area, has not been
detected for 30 minutes, or the vessel Dated: April 8, 2008. of the Navy’s applications may be
has transited more than 914 m (1,000 James H. Lecky, obtained by writing to the address
yd) beyond the location of the last specified above (See ADDRESSES),
Director, Office of Protected Resources,
detection. telephoning the contact listed below
National Marine Fisheries Service.
Should the marine mammal be (see FOR FURTHER INFORMATION CONTACT),
[FR Doc. E8–7897 Filed 4–11–08; 8:45 am]
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detected within or closing to inside 183 or visiting the internet at: http://
BILLING CODE 3510–22–S www.nmfs.noaa.gov/pr/permits/
m (200 yd) of the sonar dome, active
sonar transmissions will cease. Sonar incidental.htm.
will not resume until the animal has FOR FURTHER INFORMATION CONTACT:
been seen to leave the area, has not been Shane Guan, Office of Protected

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